The 505(b)(2) Primer: Entering Into The 505(b)(2) Development Program For The First Time

Many small-to-medium size pharmaceuticalregulatory management, and clinical trials.
companies, whether they may be manufacturersFunding such a program can be accomplished in a
or distributors, or both, are beginning to see, ornumber of ways. For example, many small
are projecting for the near term, an erosion ofpharmaceutical companies are able to fund the
their sales and/or profits. Many of thesedevelopment from their current cash flow. This
companies currently manufacture and/or sell DESIcan be more easily accomplished than appears at
and ANDA products where sales and profits canfirst glance. That is, because the development
be highly threatened due to market conditions andprogram stretches over a period of 1.5 – 2.0
new FDA regulatory procedures. The questionyears, and because the costs of the program are
now for many companies is how do I maintainspread over the period of development,
and grow my sales and profits for the next 5 topayments for development are made in smaller
10 year period? As discussed in previous RRIincrements and spaced over time according to
newsletters, the answer for many is thedevelopmental milestones. Other means to
realization that the 505(b)(2) strategy is the bestdecrease the costs of development include
plan.partnering with other pharmaceutical companies to
Once the realization has been made to start ashare the costs. Partnering can be in many
505(b)(2), the next questions are how do Idifferent forms, such as shared distribution rights,
proceed, what are the costs, and how do Ior partnering with a contract manufacturer to
finance this new venture? Those companieseliminate the formulation and production costs in
beginning their first 505(b)(2) often choose toexchange for a percentage of sales. Borrowing is
start with a relatively simple and inexpensivealways an option, and borrowing can be in the
development program. Such a program mayform of creative financing where no equity is lost
include the development of a drug that combinesand the lender shares in the risk of development
two previously approved drugs into one tablet,by not asking for a guaranteed payment, but
where the formulation of the new drug is simpleinstead asks for milestone payments associated
and the studies required for FDA approval willwith sales (companies such as Paul Capital
involve only simple and inexpensive bioequivalanceHealthcare of San Francisco offer these types of
(PK) studies. In this way, high development costsinnovative financing opportunities). In this way, the
associated with difficult formulations, and thesponsoring company can avoid payments if the
relatively higher costs of clinical endpoint studiesdevelopment program in some way fails
can be avoided. Thus, the costs for such an entryexpectations, but shares the rewards as the
level 505(b)(2) development program are oftenproduct goes to market and succeeds in sales
less than $1.5 million total for all phases of thegoals.
program including formulation, manufacturing,